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Minutes

Modesto City Council
October 24, 2023

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Minutes
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October 24, 2023
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Modesto City Council
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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, October 24, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements: City Clerk reported written public comments were received for Items 11 and 12.

Declaration of Conflicts of Interest: Vice Mayor Ricci Item 18 Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session items.

PUBLIC COMMENT PERIOD
 Jerry Thompson expressed gratitude to the Mayor and Council for lifting the ban on cruising. He also provided an update on AB 436 and announced the Grand Opening of the Sacramento History Museum's “Boulevard Dreams” exhibit with participation of Modesto cars on October 29th. He mentioned a celebration party for the Governor signing the bill. He also mentioned his regular attendance at meetings and mentioned Council's response to neo-Nazi comments, as well as the worsening homelessness issue. - 2 -
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 Zafrir Solomon discussed the Special City Council Workshop on homelessness, focusing on the meeting format and time allocated for Council and public comments. He also mentioned safe homeless sites in other cities.
 Timothy Shaw raised concerns about the injustice of allowing only in-person public comments, suggesting that completely removing Zoom comments disenfranchised those unable to attend in person. He proposed a more inclusive rule.  Derek Castle spoke about his proposal for bridge housing, aiming to provide shelter for people sleeping on the streets. He suggested Council ask staff to prepare a presentation on bridge housing.
 Steve expressed concerns about the lack of denouncement of neo-Nazi comments by the Council and discussed the need for police accountability and transparency. He also requested Zoom public comments.
 Lourdes Perez of Public Health Advocates discussed TRT, thanked the City for collaborating with the Park Youth Committee, and talked about the committee's projects and meetings with the Parks, Recreation & Neighborhood Department and Park Ranger program.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 1-17: (Ricci/Wright; 7/0)

CONSENT
Consent

1. Consider approving the minutes from the October 10, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the October 10, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 7/0) Motion approving the minutes from the October 10, 2023 Council Meeting.

Consent

2. Consider approving the 2024 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the 2024 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-459 approving the 2024 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.

Consent

3. Consider approving a Second Amendment to the Agreement with Harris & Associates for Community Facilities Districts Engineering Services to increase the agreement - 3 -
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amount to a revised total amount not to exceed $350,000. (Funding Source: Various Community Facilities Districts and Developer Deposits)
Staff Recommendation:
 Resolution approving a Second Amendment to the Agreement with Harris & Associates for Community Facilities Districts Engineering Services in the amount of $100,000, for a revised total amount not to exceed $350,000; and authorizing the City Manager, or his designee, to execute the Amendment.

CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-460 approving a Second Amendment to the Agreement with Harris & Associates for Community Facilities Districts Engineering Services in the amount of $100,000, for a revised total amount not to exceed $350,000; and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

4. Consider approving an Eighth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $37,902, from $9,499,031 to a new total amount not to exceed $9,536,933. (Funding Source: Regional Measure L) Staff Recommendation:
 Resolution approving an Eighth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $37,902, from $9,499,031 to a new total amount not to exceed $9,536,933, and authorizing the City Manager, or his designee to execute the Eighth Amendment.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-461 approving an Eighth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $37,902, from $9,499,031 to a new total amount not to exceed $9,536,933, and authorizing the City Manager, or his designee to execute the Eighth Amendment.

Consent

5. Consider accepting the Area 2 Storm Water to Sanitary Sewer Cross Connection Removal – Phase 2 Roosevelt Park Project as complete, releasing securities, releasing payments totaling $6,535,419 to D.A. Wood Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Storm Drain Fund)
Staff Recommendation:
 Resolution accepting the Area 2 Storm Water to Sanitary Sewer Cross Connection Removal – Phase 2 Roosevelt Park Project as complete, releasing - 4 -
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securities, releasing payments totaling $6,535,419 to D.A. Wood Construction, Inc., of Oakdale, CA and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-462 accepting the Area 2 Storm Water to Sanitary Sewer Cross Connection Removal – Phase 2 Roosevelt Park Project as complete, releasing securities, releasing payments totaling $6,535,419 to D.A. Wood Construction, Inc., of Oakdale, CA and authorizing the City Clerk to file a Notice of Completion.

Consent

6. Consider accepting the Rectangular Rapid Flashing Beacon Installation Project as complete, releasing securities, releasing payments totaling $842,507 to Gruendel Inc., DBA Rays Electric of Oakland CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Local Measure L Funds)
Staff Recommendation:
 Resolution accepting the Rectangular Rapid Flashing Beacon Installation Project as complete, releasing securities, releasing payments totaling $842,507 to Gruendel Inc., DBA Rays Electric of Oakland CA., and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-463 accepting the Rectangular Rapid Flashing Beacon Installation Project as complete, releasing securities, releasing payments totaling $842,507 to Gruendel Inc., DBA Rays Electric of Oakland CA., and authorizing the City Clerk to file a Notice of Completion.

Consent

7. Consider approving the Agreement for Investment Advisory Services to PFM Asset Management, LLC, San Francisco, CA, for a total amount not to exceed $1,500,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving an Agreement for Investment Advisory Services to PFM Asset Management, LLC, San Francisco, CA, by utilizing the Competitive Bidding Process from the City of Redwood City, CA for a two-year Agreement with three (3) one-year extension options, for an annual estimated amount $300,000 and a total amount not to exceed $1,500,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-464 approving an Agreement for Investment Advisory Services to PFM Asset Management, LLC, San Francisco, CA, by utilizing the Competitive Bidding Process from the City of Redwood City, CA for a two-year Agreement with three (3) one-year extension options, for an annual estimated - 5 -
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amount $300,000 and a total amount not to exceed $1,500,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

Consent

8. Consider approving the Purchase for various Fleet Replacements for Fleet Vehicles which includes two (2) Caterpillar Model Rollers, one (1) Wheel Rubber Tire Compactor, and one (1) Off-Road Dump Truck in the amount not to exceed $780,433. (Funding Source: Fleet Replacement Fund and Solid Waste Grant) Staff Recommendation:
 Resolution approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for the purchase of two (2) Caterpillar Model Rollers and one (1) Wheel Rubber Tire Compactor for an amount not to exceed $377,637; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
 Resolution approving the purchase of one (1) Off-Road Dump Truck with Pape Machinery, French Camp, CA for an amount not to exceed $346,149; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-465 approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for the purchase of two (2) Caterpillar Model Rollers and one (1) Wheel Rubber Tire Compactor for an amount not to exceed $377,637; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Ricci/Wright; 7/0) Resolution 2023-466 approving the purchase of one (1) Off-Road Dump Truck with Pape Machinery, French Camp, CA for an amount not to exceed $346,149; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent

9. Consider accepting an Informational Report for the August 2023 Accounts Payable Payment Register and Void Report (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the August 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Wright; 7/0) Motion accepting an Informational Report for the August 2023 Accounts Payable Payment Register and Void Report. - 6 -
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Consent

10. Consider approving the First Amendment with West Coast Door and Gate for On-call Commercial Roll-up Door Maintenance and Repair Services to a revised total amount of $236,000 and utilizing the Year 5 extension option, revising the Term of the Agreement from December 2, 2023 to December 2, 2024. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving a First Amendment increasing the Agreement amount with West Coast Door and Gate, for the On-call Commercial Roll-up Door Maintenance and Repair Services by $66,000 from $170,000 to a revised total amount of $236,000 and utilizing the Year 5 extension option, revising the Term of the Agreement from December 2, 2023 to December 2, 2024 and authorizing the City Manager, or his designee, to execute the Amendment.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-467 approving a First Amendment increasing the Agreement amount with West Coast Door and Gate, for the On-call Commercial Roll-up Door Maintenance and Repair Services by $66,000 from $170,000 to a revised total amount of $236,000 and utilizing the Year 5 extension option, revising the Term of the Agreement from December 2, 2023 to December 2, 2024 and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

11. Consider an Agreement with Dr. Jocelyn E. Roland, Modesto, CA for Psychological Services and Pre-Employment Psychological Screenings, for a total amount not to exceed $930,000 over eight-years. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving an Agreement with Dr. Jocelyn E. Roland, Modesto, CA for Psychological Services and Pre-Employment Psychological Screenings, for a five-year Agreement with three one-year extension options, for an annual estimated amount of $116,250, and a total amount not to exceed $930,000 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-468 approving an Agreement with Dr.

Jocelyn E. Roland, Modesto, CA for Psychological Services and Pre-Employment Psychological Screenings, for a five-year Agreement with three one-year extension options, for an annual estimated amount of $116,250, and a total amount not to exceed $930,000 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

12. Consider approving the First Amendment to the Agreement with Modesto Jet Center for Aircraft Hangar Lease and Fuel Services to a revised Agreement total amount not to - 7 -
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exceed $945,862 and approving a Purchase Order with Mather Aviation, LLC, Modesto, CA, for Aircraft Maintenance Services for a total amount not to exceed $90,228. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the First Amendment to the Agreement with Modesto Jet Center for Aircraft Hangar Lease and Fuel Services to a revised Agreement total amount not to exceed $945,862 and extending the Term of the Agreement from twelve months to four years, ending October 31, 2027; and authorizing the City Manager, or his designee, to execute the Amendment.  Resolution approving a Purchase Order with Mather Aviation, LLC, Modesto, CA, for Aircraft Maintenance Services for a total amount not to exceed $90,228; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-469 approving the First Amendment to the Agreement with Modesto Jet Center for Aircraft Hangar Lease and Fuel Services to a revised Agreement total amount not to exceed $945,862 and extending the Term of the Agreement from twelve months to four years, ending October 31, 2027; and authorizing the City Manager, or his designee, to execute the Amendment.

ACTION: ((Ricci/Wright; 7/0) Resolution 2023-470 approving a Purchase Order with Mather Aviation, LLC, Modesto, CA, for Aircraft Maintenance Services for a total amount not to exceed $90,228; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent

13. Consider approving the Award of Bid and Agreement for Slurry Alum to Thatcher Company of California, Inc., Sacramento CA for a total amount not to exceed $300,000 over five years. (Funding Source: Surface Transportation Fund) Staff Recommendation:
 Resolution approving the Award of Bid for Purchase of Slurry Alum on an as needed basis to Thatcher Company of California, Inc., of Sacramento, CA for a one-year Agreement with four one-year extension options, for an annual estimated cost of $60,000 and a total amount not to exceed $300,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Purchase Agreement.

PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-471 approving the Award of Bid for Purchase of Slurry Alum on an as needed basis to Thatcher Company of California, Inc., of Sacramento, CA for a one-year Agreement with four one-year extension options, for an annual estimated cost of $60,000 and a total amount not to exceed $300,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Purchase Agreement.
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Consent

14. Consider the proposed plan and recommendations from HDR Engineering, Inc., of Folsom, CA to expand and improve the existing City of Modesto Compost Facility at 7001 Jennings Road. (Funding Source: Compost Facility Improvement Fund) Staff Recommendation:
 Resolution approving the proposed plan and recommendations from HDR Engineering, Inc. of Folsom, CA to expand and improve the existing City of Modesto Compost Facility at 7001 Jennings Road.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-472 approving the proposed plan and recommendations from HDR Engineering, Inc. of Folsom, CA to expand and improve the existing City of Modesto Compost Facility at 7001 Jennings Road.

Consent

15. Consider approving the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery (CalRecycle), and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-473 approving the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery (CalRecycle), and authorizing the City Manager, or his designee, to sign Grant Applications and related forms Consent

16. Consider approving an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project, in an amount not to exceed $1,540,000. (Funding Source:

Wastewater Fund)
Staff Recommendation:
 Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project in the amount of $1,400,000 for the identified scope of services, plus $140,000 in additional services, if needed, for a total amount not to exceed $1,540,000 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $1,790,000 to be transferred into the Project from Wastewater Reserves to fund the Design Phase of the Sewer Trunk - 9 -
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Rehabilitation on Grimes, Mercy & Woodland Ave Project and authorizing the City Manager, or his Designee, to implement the provisions of the resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-474 approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project in the amount of $1,400,000 for the identified scope of services, plus $140,000 in additional services, if needed, for a total amount not to exceed $1,540,000 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Ricci/Wright; 7/0) Resolution 2023-475 amending the Fiscal Year 2023- 24 Capital Improvement Program Budget in the amount of $1,790,000 to be transferred into the Project from Wastewater Reserves to fund the Design Phase of the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project and authorizing the City Manager, or his Designee, to implement the provisions of the resolution.

Consent

17. Consider approving the submission of a Financial Assistance Application with the California State Water Resources Control Board to transition residences with existing septic systems to the City of Modesto’s sanitary sewer system. (Funding Source:

Wastewater Fund)
Staff Recommendation:
 Resolution approving the submission of a Financial Assistance Application to the California State Water Resources Control Board to fund the planning, design and construction of the Septic to Sewer Project, and authorizing the City Manager, or his designee to enter into a Financial Assistance Agreement and execute all related documents.

UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-476 approving the submission of a Financial Assistance Application to the California State Water Resources Control Board to fund the planning, design and construction of the Septic to Sewer Project, and authorizing the City Manager, or his designee to enter into a Financial Assistance Agreement and execute all related documents.

COUNCIL COMMENTS & REPORTS
Councilmember Bavaro sought guidance from the City Attorney regarding the policy on public involvement in meetings before March 2020. The City's former protocol mandated in-person public remarks, and the transition to using Zoom for public engagement was a response to the COVID-19 pandemic. With the pandemic officially declared over, the City intends to revert to its standard in-person procedure, making Zoom participation optional. Furthermore, Councilmember Bavaro expressed concerns regarding the dissemination of misinformation by certain members of the public during the meeting. The Council did in fact strongly disapprove of - 10 -
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the neo-Nazi remarks. He underscored the significance of distinguishing between opinions and factual information.

Councilmember Alvarez highlighted the concern raised by Councilmember Bavaro about intentional misleading rhetoric, which incites fear and suspicion in the community and public attending these meetings. Such misleading information presented as facts is consistently false and needs to be addressed. Additionally, he reported on the recent Dia de Los Muertos annual event, which saw a significant turnout with cultural activities, food, live music, and a special mention of Rebecca Harrington and the American GI Forum for their efforts in organizing this event and promoting cultural enjoyment during this time of year.

Vice Mayor Ricci reported that this month, Modesto is celebrating "Mo Pink" as a way to honor and support women's health. All the money raised during this celebration is being donated to Haven, a local program that aids survivors of domestic violence. Several Modesto businesses, like Sciabica's Olive Oil, Galletto, Prospect Theater, Intrinsic Elements, and Lloyd's of La Luna, are actively participating by donating a portion of their sales or proceeds to Haven. The community's support for women is evident, and it's a positive aspect of our City. On another note, the issue of homelessness in parks, neighborhoods, and public spaces remains a concern.

However, he’s not giving up on finding solutions to address these challenges.

Councilmember Escutia-Braaton reported on a recent San Joaquin Valley Air Pollution Control Board meeting. She mentioned a significant achievement of the board. The board successfully secured approximately $37 million in funding to retire diesel-powered trucks and replace them with electric trucks, with one of the beneficiaries being PepsiCo. These electric trucks are helping improve air quality in the Valley. Another local company called "OK Produce" is also set to benefit from this funding, and both projects are expected to be completed by 2025, significantly reducing emissions and improving air quality in the area. Additionally, there was an event attended by herself and the Mayor, where the Modesto City School District received funding to purchase 30 electric trucks, install solar shading in their truck parking area, and replace gas-powered lawn equipment with electric alternatives to enhance air quality in the community. She also reminded everyone to be careful and thoughtful during the upcoming Halloween and to enjoy the fun while staying safe.

Councilmember Williams expressed the sentiments of Councilmember Alvarez. They had a wonderful time attending the Day of the Dead celebration, and he wanted to commend Rebecca Harrington for her excellent work in organizing the event and raising the necessary funds for it.

Additionally, he had the privilege of attending a ribbon-cutting ceremony for the Garden Club, which is celebrating its 100th anniversary. This is a remarkable milestone, and we have some exciting news to share about it in the near future. He informed everyone of the Kettle Kickoff that is scheduled for November 16th This event serves as a significant fundraiser for the Salvation Army.

Mayor Zwahlen’s remarks focused on the Utilities Department. Last Thursday, the Utilities Department organized a "Day Without Water" event at 1010 10th Street, where they discussed various aspects of water conservation, the turf rebate program, drip irrigation, plumbing system maintenance, smart irrigation, and introduced two new mascots, Drip and Drop. She expressed - 11 -
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her excitement about meeting these mascots, highlighting the enthusiasm of the Utilities staff in presenting their work, including their operations at the Jennings facility out West. She expressed gratitude to the Utility staff for their informative presentation

CITY MANAGER COMMENTS & REPORTS
None.

NEW BUSINESS
(Vice Mayor Ricci-Recusal due to Conflict of Interest)

18. Consider accepting the Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and Awarding a Construction Contract to Mozingo Construction, Inc., of Oakdale, CA, for a total amount not to exceed $33,850,794; approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for a total amount not to exceed $3,196,966 and approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for a total amount not to exceed $484,482. (Funding Source: Wastewater and Water Funds) Staff Recommendation:
 Resolution approving Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, accepting the bid, and approving a Construction Contract with Mozingo Construction, Inc., of Oakdale, CA, in the amount of $30,773,449, plus $3,077,345 in contingency (if needed), for a total amount not to exceed $33,850,794 and authorizing the City Manager, or his designee, to execute the contract.
 Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project from 8% ($2,461,876) to 10% ($3,077,345) of the Construction Contract amount of $30,773,449 with Mozingo Construction, Inc., of Oakdale, CA.
 Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount of $2,906,333, plus $290,633 in additional services, if needed, for a total amount not to exceed $3,196,966 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for the J.M.

Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, in an amount not to exceed $440,482 for the identified Scope of Services, plus $44,000 for additional services (if needed), for a total amount not to exceed $484,482 and authorizing the City Manager, or his designee, to execute the Agreement.
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 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,529,791 to fund the Construction Phase of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; David Felix, 209-577-5488, [email protected] ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-477 approving Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, accepting the bid, and approving a Construction Contract with Mozingo Construction, Inc., of Oakdale, CA, in the amount of $30,773,449, plus $3,077,345 in contingency (if needed), for a total amount not to exceed $33,850,794 and authorizing the City Manager, or his designee, to execute the contract.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-478 authorizing an increase in the Director’s Authority to issue Change Orders for the J.M.

Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project from 8% ($2,461,876) to 10% ($3,077,345) of the Construction Contract amount of $30,773,449 with Mozingo Construction, Inc., of Oakdale, CA.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-479 Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount of $2,906,333, plus $290,633 in additional services, if needed, for a total amount not to exceed $3,196,966 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-480 approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, in an amount not to exceed $440,482 for the identified Scope of Services, plus $44,000 for additional services (if needed), for a total amount not to exceed $484,482 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-481 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,529,791 to fund the Construction Phase of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

MATTERS TOO LATE FOR THE AGENDA
None.
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ADJOURNMENT
This meeting adjourned at 6:21 pm
Closed Session Matters heard prior to the meeting.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Camden, et al. v. E.J. DuPont de Nemours and Co. et al.

U.S. District Court for the District of South Carolina Charleston Division
Case No.: 2:23-cv-03230-RMG
City of Camden, et al. v. 3M Company
U.S. District Court for the District of South Carolina Charleston Division
Case No.: 2:23-cv-03147-RMG
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) Attest:____________________________
Diane Nayares-Perez, City Clerk

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